Indian Penal Code, 1860, Section 420 -- Cheating - One of the essential ingredients for the offence of cheating is deception...........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Quashing of complaint - Complaint filed after a period of 12 years of execution of registered sale deeds in question - Complainant neither party to sale deeds nor a member of Society - More so, from the contents of complaint it nowhere reflects that complainant was deceived or he or anyone else was induced to deliver..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
Indian Penal Code, 1860, Section 420, 468, 447, 474, 466, 166, 120B, 34 -- Private complaint - Offences u/ss 420, 468, 447, 474, 466, 166, 120-B, 24 IPC - Quashing of proceedings - Nature of dispute being of civil nature by itself is no ground to quash the proceedings - It is only after collection of evidence, real nature of dispute can be found - Proceedings cannot be..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act of committing cheating - Subsequent conduct of accused is also a relevant factor to infer whether he had fraudulent or dishonest intention at the inception i.e. when offence was committed...........
Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Offence u/ss 420, 406, 384, 120-B IPC - Case of breach of contract - Neither there is any dishonest intention at the inception nor any threat was ever given prior to delivery of property - Even offence of conspiracy is not proved - Essential ingredients of alleged offences missing in case - Prima facie no allegations..........
Indian Penal Code, 1860, Section 417, 420, 467, 471, 506(i), 34 -- Cheating - Fabrication of Will - Quashing of proceedings - Allegation that accused fabricated Will in question after death of his father - There is sufficient material on record to show that Will was prepared by accused along with other accused - Argument that genuineness of Will should be tested in probate..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
